scholarly journals “Transformation” of a Tax and Customs Administration Officer’s Service Relationship Into an Employment Relationship

2020 ◽  
Vol 29 (1) ◽  
pp. 215
Author(s):  
Mirosław Wincenciak
Keyword(s):  
Employment Relationship ◽  
Service Relationships ◽  
Customs Administration ◽  
Relationship Of ◽  
Service Relationship

<p>Lack of court protection for officers whose current service relationship is substituted with a form that is less beneficial – an employment relationship, should be seen as a violation of their right to trial. A labour court, by definition, is not an appropriate court when it comes to cases of entering into or the termination of service relationships having a legal and administrative character. This court can judge cases concerning the employment relationship of an employee but fundamentally does not have jurisdiction to assess the establishment and termination of a legal and administrative relationship. Therefore, sending customs officers to labour courts causes the transformation of a service relationship into an employment relationship to slip out of court control.</p>

scholarly journals Public Law Aspects in the Employment of University Teachers in the Light of the Act: Law on Higher Education and Science

2020 ◽  
Vol 27 (4) ◽  
pp. 281-292
Author(s):  
Mariusz Lekston
Keyword(s):  
Higher Education ◽  
Employment Status ◽  
Public Law ◽  
Employment Relationship ◽  
University Teachers ◽  
Service Relationships ◽  
Relationship Of ◽  
Service Relationship

In spite of its obligation-based nature, the contractual employment relationship of university teachers still has some properties that make it similar to the structure of a public law service relationship. Here, the specificity of the employment of university teachers is determined by the elements of content of their employment relationship that are closely linked to the realisation of the government’s duties related to science and higher education. The different employment status of university teachers is in fact a heterogeneous solution, where the obligation-based nature of the employment relationship is complemented with elements that are characteristic for public law service relationships.

CONVERSION” OF A CUSTOMS OFFICER’S SERVICE RELATIONSHIP INTO AN EMPLOYMENT RELATIONSHIP

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 387-398
Author(s):  
Stefan Płażek
Keyword(s):  
Case Law ◽  
Selection Method ◽  
Public Institutions ◽  
Employment Relationship ◽  
Employment Relationships ◽  
The Third ◽  
Service Relationships ◽  
The Supreme Court ◽  
Judicial Protection ◽  
Service Relationship

The selection method of existing employees or officers has been used since the beginning of the Third Polish Republic during the transformation of various public institutions, which consists of making discretionary decisions about whose employment will be continued, as well as under what new conditions it will be carried out. Using the framework for termination of employment for this purpose in subsequent acts, missing in them precise criteria for qualifying persons and the lack of regulations as to the manner of judicial protection are designed to reduce the number of people who would make attempts to contest their decisions. In 2016 on the occasion of the reform of the fiscal apparatus, this method was additionally extended to include the possibility of unilateral and selectively transforming the service relationships of customs officers into employment relationships, or vice versa - fiscal officials to officers. This option was implemented in practice in 2017. This represents a serious threat to the freedom to choose and pursue a profession which must either be restrained by declaring this type of regulation unconstitutional, or by making it unprofitable through court judgments restoring prior employment relationships. The recent case law of common courts and the Supreme Court favours it.

scholarly journals Problemas que plantea la descentralización productiva: los contratos para obra o servicio específico y la causa objetiva de contratación

2021 ◽  
Vol 2 (3) ◽  
pp. 73-84
Author(s):  
Carlos Jiménez Silva ◽  
Keyword(s):  
Research Work ◽  
Employment Relationship ◽  
Specific Work ◽  
Specific Service ◽  
Relationship Of

Through this research work, it is intended to show that the institution of productive decentralization of the company is often used as an objective cause of hiring for a specific work or specific service, thereby making the employment relationship of the workers precariously, for which a normative precision is necessary.

scholarly journals Maternity Leave of a Prison Service Officer

2019 ◽  
Vol 28 (1 ENGLISH ONLINE VERSION) ◽  
pp. 17-39
Author(s):  
Ewelina Kumor-Jezierska
Keyword(s):  
Public Service ◽  
Social Insurance ◽  
Maternity Leave ◽  
Employment Relationship ◽  
The Other ◽  
Parental Rights ◽  
The Public ◽  
Cash Benefits ◽  
Service Relationship

The study examines maternity leave regulations in a situation where both parents or legal guardians of a child are officers of the Polish Prison Service, or one of them is a PS officer, and the other is an employee or insured on the basis other than the employment relationship, e.g. a contract of mandate. The latest amendment of 24 July 2015 amending the Labour Code Act and certain other laws has extended the range of cases where it is possible for other eligible persons to use part of maternity leave. The new solution enable not only the parents of the child but also other immediate family members to use part of maternity leave. The complexity of the provisions related to parental rights makes interpretation difficult. Moreover, neither the Prison Service Act nor the provision of Article 29 para. 5 of the Act on cash benefits from social insurance, referred to by the Labour Code, specifies which specific persons can be regarded as the closest family. Proper determination of entitled persons is crucial, as it entails the payment of benefits financed by the State, and also, on the basis of the Act on Prison Service, the legislator guarantees protection of the public service relationship by virtue of Article 108 to officers (regardless of the eligible person’s gender and the degree of relationship) taking maternity leave or holiday leave on the terms of maternity leave.

scholarly journals Model stosunku pracy w szkolnictwie wyższym – ujęcie teoretycznoprawne

2019 ◽  
Vol 27 (4) ◽  
pp. 39
Author(s):  
Angelika Koman
Keyword(s):  
Higher Education ◽  
Employment Relationship ◽  
Uniform Model ◽  
Work Relationship ◽  
The Law ◽  
Relationship Of ◽  
Article 5

<p>There is no uniform model of employment in Polish legislation. The shape of the employment relationship of an academic employee is strongly influenced by the specific normative relationship that exists between the Labour Code and the Law on Higher Education. It should be noted that the Law on Higher Education is not a sufficient regulation. It regulates, in principle, sufficiently those issues that require, due to its nature, a different than regulatory code. The relations between these two acts are diverse, which results from the construction of Article 5 of the Labour Code. The statutory regulations affect the shape of the employment relationship. Each college as part of its autonomy can regulate various issues, creating many different hybrid work relationship models.</p>

EXTENSION OF LABOR LAW PROTECTION STANDARDS IN THE ASPECT OF FIXED-TERM CONTRACTS OF ACADEMIC TEACHERS. COMMENTS DE LEGE LATA AND DE LEGE FERENDA

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 387-400
Author(s):  
Łucja Kobroń-Gąsiorowska
Keyword(s):  
Labor Law ◽  
Employment Relationship ◽  
Extensive Literature ◽  
Employment Contracts ◽  
Protective Function ◽  
Partial Exclusion ◽  
Academic Teachers ◽  
Relationship Of ◽  
Academic Teacher ◽  
Scope Of Protection

This paper attempts to determine the scope of protection of academic teachers in the context of repeated concluding fixed-term contracts and the partial exclusion by the Act on higher education of the application of Art. 25(1) of the KP to employment contracts of this group of employees. The author does not intend to duplicate the extensive literature in this area presented by labor law doctrine. In this publication, the author defends the thesis that the employment relationship of an academic teacher should be subject to a broader impact of the protective provisions of the Labor Code, including the protective function of labor law, in a situation where there are no normative obstacles to extending such impact.

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